Annual Report 2014 of the National Preventive Mechanism
prevention plan; the final approval of the internal system and operating regulation of
these centres, which contemplate many of the Recommendations made by the NPM
over these years or improvements in essential aspects of the day-to-day of the
inmates, such as the installation of items that facilitate their hygiene or the acquisition
of leisure material.
49. At CP we have observed greater control by the SGIP of the application of coercive
methods and application of article 75 of the Penitentiary Regulation; the review of the
protocols of action to improve medical participation in the application of mechanical
restraint measures at the CP of Catalonia; the preparation of a protocol of radiological
tests as a measure of control at CP answerable to the SGIP; improvements in the
suicide prevention program or improvements observed in the organisation of
healthcare.
50. At many reform centres for juvenile offenders the systems for the submission of
complaints and requests have been perfected; the preparation of protocols for
simultaneous use of systems of contention and the creation of records of the
application of such means have increased; the number of centres applying suicide
prevention programs has increased; the communication with lawyers of minors on the
resolution of disciplinary proceedings or the communication of the negative or positive
results of personal searches or searches of rooms and belongings of minors, to the
court authority, have improved.
51. At the residential establishments providing healthcare, social and/or
rehabilitation services, we have observed an improvement in the legal safeguards of
non-voluntary internments; the preparation of internal regulations; improvements in the
complaint procedures of the inmates; improvements in the application of the protocols
for contention or advances in the promotion of independence and active participation of
the inmates.
52. Notwithstanding these improvements, those of a more specific nature observed
at the visited facilities are set out in the relevant tables of the annual reports of the
NPM published to date and, as regards this year, those shown in Annex VIII to this
report.
53. Despite the above, the NPM observes that a margin for improvement continues
to exist to further progress in strengthening the fundamental safeguards of those
deprived of liberty and it thus recommends that the following general policies be
observed:
54. The Criminal Code should be amended to include in the subjective scope of the
crime of torture, contemplated in article 174, «any other person in the discharge of
public functions» other than public authorities and officers, and to provide a statutory
definition of the fact that torture is carried out for the purpose of «intimidating or
coercing that person or others», as has been requested by various UN Committees
and Rapporteurs.
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